K.G.RAJAGOPAL Vs. PREM KUMAR

JUDGEMENT

(1.) The complainant in ST No. 299/2016 of Chief Judicial Magistrate Court-III Kollam, aggrieved by the dismissal of CMP No.889/2019 and CMP No.890/2019 has approached this court.

(2.) The petitioner/complainant alleged that towards the discharge of an existing monetary liability, the accused executed and delivered a cheque for a sum of Rs. 13,00,000/- (Rupees Thirteen Lakhs only). It was dishonoured and after complying with the statutory formalities, the complaint was laid. Accused appeared and contested the proceedings. Complainant was examined as PW1 and documents were marked. The case was posted for final hearing. At that stage, the petitioner filed CMP No.889/2019 to refer Ext. P1 cheque to the forensic laboratory for expert opinion and CMP No.890/2019, to reopen the evidence. Both the applications were heard and dismissed by the court below, essentially on the ground that the applications were belated and were filed 6 months after the date of cross examination of the complainant. It was held that it was intended to delay the case. This common order is under challenge in the present Criminal M.C.

(3.) Though notice was served on the respondent, he has not chosen to contest the proceedings. Heard, the learned counsel for the petitioner and perused the records.